MOTION to dismiss an appeal from a justice, ordering the defendant to enter in recognizances to keep the peace, heard before Graves, Judge, at Spring Term, 1884, of the Superior Court of Buncombe county.
Cited by 1 later decisions — most recently February 1924
1 state decisions
Good law ✅— No negative treatment on recordhow we know
¶1
(after stating the facts). This case is substantially like that of
State
v.
Lyon,
93 N. C., 575. No appeal lay from the order of the justice of the peace, requiring the defendant with sureties to enter into recognizance to keep the peace. The Court ought, therefore, to have granted the motion to dismiss the supposed appeal. It ought not to have made the order discharging the defendant, because the proceeding was not in the Superior Court. It remained before the justice of the peace to be proceeded in according to law.
¶2
The order discharging the defendant must be reversed, and an order entered dismissing the supposed appeal.
¶3
To that end let this opinion be certified to the Superior Court.
It is so ordered.
